NARWANA GAS SERVICE vs PARMODH KUMAR

FIRST Appeals No. 330, 331 and 332 preferred by the same appellant are all directed against the order of the District Forum, Jind. These have been listed for hearing on the preliminary issue of limitation.

THE orders under appeal are dated 7th of September, 1992, but the appeals have been received by post beyond the prescribed period of 30 days under Section 15 of the Act. Mr. I.S. Lamba on behalf of the appellants very fairly conceded that the memorandum of appeal were despatched by ordinary post only. His attention was consequently drawn to the Rule 8(1) of the Haryana Consumer Protection Rules which is in the following terms : - 8(1) : Procedure for hearing appeal, Section 15. "Memorandum shall be presented by the appellant or his authorised agent to the State Commission in person or sent by registered post addressed to the Commission". Faced with the aforesaid provision Mr. Lamba had no explanation to offer and virtually conceded that in view of the mandate of the statute that the appeals must be preferred by the registered post, the same have not been filed in accordance therewith and, therefore, cannot be sustained.

Even otherwise the Rule 8(4) mandate that whenever the memorandum of appeal is preferred beyond the prescribed period of limitation, it must be accompanied by an application for the condonation of the delay which in turn must be supported by an affidavit setting forth the facts on which the appellants relies for condonation. Herein again neither any application for condonation nor a supporting affidavit has been filed and there is a manifest infrection of the said sub-rule.

APART from the above, the appellant has been unable to give any other reason for preferring the appeals beyond the period of limitation. In view of the aforesaid patent infirmities, the appeals are neither presented in accordance with law nor within the prescribed period of time and have to be consequently dismissed at the threshold. Appeals dismissed.